February 19, 2021 | less than a minute read

When Mascots Retire

Taylor English

Companies, professional league teams and universities have over the years sometimes moved away from names, mascots, logos and other identifying indicia that have come to be viewed as offensive or inappropriate. See, for example, REDSKINS, COLONEL REB, CHIEF ILLINIWEK, AUNT JEMIMA, UNCLE BEN, etc. These marks are put on the shelf for good reasons - why would any organization wish to be associated with imagery offensive to persons or groups.

From a trademark use perspective, the retiring party should keep in mind that retiring a mark may sooner or later result in legal "abandonment," meaning that the "owner" of the retired mark may not be able to stop others from using it. There are ways to avoid or mitigate against this unintended consequence. Trademark counsel should be squarely in the loop!

The Valparaiso Crusader stood for nearly 80 years before it was officially removed by the school last Thursday citing imagery connected with hate groups, including the Ku Klux Klan. The decision put an end to several years of ambiguity and set off a cascade of emotions on both sides. While proponents of the change are excited about the possibilities ahead, opponents of the decision have expressed a variety of frustrations, including lack of transparency, a belief that the school has caved into “cancel culture” and anger that, unlike the debate in 1941, there has been no outlet for discussion outside of a survey that was released last month.